Arbitration Mediation

Florida Courts Issue Three Arbitration-Related Opinions in November 2018

Florida cases involving disputes over the enforcement of arbitration most frequently arise out of auto sales or long term care facility contracts.  These three cases from late November 2018 fit the bill.  The topics are: waiver of the right to arbitration, parties to the agreement, and severance clauses.  Shamelessly, one …

Clauses from Contracts

Can a Florida Contract Waive Liability for Special, Indirect, Punitive, and Consequential Damages?

According to a new case from the First District, yes.  But be careful relying too heavily on this case of first impression, which may go a little too far without enough authorities. While this is a construction case, these issues apply to ALL business contracts. The case is Keystone Airpark …

Arbitration Mediation

Can a Company Add an Arbitration Clause to an Existing Contract that is Retro-Active?

For ongoing service agreements — which range from credit card, internet advertising, and even nursing home admissions — often there is a clause which permits one side to “update” its service terms and, in order to effect fairness, the other party may cancel the service in lieu of accepting the …

Arbitration Mediation

Florida Court Rules on Enforceability of “Browsewrap” vs. “Clickwrap” Website Terms and Conditions

Internet sellers and website designers beware of new law in Florida governing internet sales.  A Florida state appellate court has ruled, in a case of first impression, against enforcing a “browsewrap” agreement and, as an aside, in favor “clickwrap” agreements.  For non-lawyers, the importance of this “case of first impression” means …

Conspiracy

Florida Atlantic University and Other Defendants File Motions to Dismiss Against Conspiracy Professor James Tracy

Readers of this blog will recall the story of former university professor James Tracy, who taught and eschews conspiracy theories and was fired for breach of a Florida Atlantic University’s “Conflict of Interest / Outside Activities” policy which required professors to advise FAU of their outside activities.  He filed a massive …

Contracts

Florida Supreme Court Cautions Against “Commercially Available” Pre-Printed Legal Forms

A boring probate opinion may shed light on the problem of errors with pre-printed legal forms. The unfortunate lesson: “there’s an app for that” is not a replacement for hiring a lawyer. You have certainly seen these kind of pre-made forms — pushed on tv ads, the internet, and by …

Arbitration Mediation

Accepting E-Coupons or Liking General Mills May Require Arbitration, Waive Litigation

If you use a coupon from the internet, “like” a company on Facebook, enter contests, or otherwise connect with a company like General Mills, any dispute that arises may be forced into arbitration — waiving your right to bring a lawsuit in state or federal court. Per a report from …

Contracts
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PDFs Are Modifiable – Learn to Sign in 10 Minutes

This article from the October 2012 Palm Beach Bar Bulletin will explain that PDF documents are not “fixed” but, instead, can be easily modified on your iPhone or iPad. It gives instructions to learn, in 10 minutes, how to sign documents on the road. Have clients retain you in one …